HomeMy WebLinkAbout2012-11-27 Council minutesSubject to change as finalized by the City Clerk. For a final official copy, contact the
City Clerk's Office 356 -5040.
COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
NOVEMBER 27, 2012
Iowa City City Council special meeting, 7:00 p.m. at City Hall. Council Members
present: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton. Absent:
None. Staff members present: Markus, Fruin, Bentley, Dilkes, Karr, Davidson, Fosse,
Boothroy, Tallman, Purdy, Goodman, Grier, Rocca, Knoche.
The Mayor presented Outstanding Student Citizenship awards to Lincoln Elementary
students: Marshall Blatz and Josie Leftwich.
Unless otherwise noted, all actions were affirmative and unanimous.
Moved by Champion, seconded by Payne, that the items and recommendations in
the Consent Calendar be received, or approved, and /or adopted as amended:
Approval of Council Actions, subject to corrections, as recommended by the City
Clerk: November 13 Council Work Session; November 13 Special Council Formal
Official & Complete.
Receive and File Minutes of Boards and Commissions (any recommendations
contained in minutes become effective only upon separate Council action): Ad Hoc
Diversity Committee — October 29; Board of Adjustment — October 10; Historic
Preservation Commission — September 13; Historic Preservation Commission —
October 11 (5:15); Historic Preservation Commission — October 11 (6:30); Housing &
Community Development Commission — October 18.
Permit Motions and Resolutions as Recommended by the City Clerk.
(New): Class E Liquor License for Reif Oil Company dba Iowa City Fast Break, 2580
Naples Ave.; (Renewal): Class C Liquor License for Lusati, Inc., dba Quinton's Bar &
Deli, 215 E. Washington St.; Class C Liquor License for Inc., Limited dba The Sanctuary
Restaurant, 405 S. Gilbert St.; Class C Liquor License for Suzster, Inc., dba The Club
Car, 122 Wright St.; Class C Liquor License for Blazin Wings, Inc., dba Buffalo Wild
Wings Grill & Bar, 201 S. Clinton St. Suite 120; Special Class C Liquor License for
Pagliai Pizza, LLC, dba Pagliai's Pizza, 302 E. Bloomington St.; Class C Liquor License
for Perries, LLC, dba Clinton Street Social Club, 18'/ S. Clinton St.
Resolutions and Motions: RES. 12 -492, AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST TO THE RELEASE OF MORTGAGE FOR
THE PROPERTY LOCATED AT 985 LONGFELLOW COURT, IOWA CITY, IOWA;
RES. 12 -493, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST TO SUBORDINATION AGREEMENTS BETWEEN THE CITY OF IOWA
CITY AND GREAT WESTERN BANK, NORTH LIBERTY, IOWA FOR
PROPERTIES LOCATED AT 2022 HANNAH JO COURT, 2030 HANNAH JO
COURT, 705 -707 WESTGATE, 1232 ESTHER COURT, 2934 -2936 CORNELL, 125
S. LOWELL, 315 -317 CAMDEN, 2159 -2161 TAYLOR, 2327 -2329 COURT, 1201,
1221, 1241 MOSES BLOOM, 1267 -1269 SWISHER, 1287 -1289 SWISHER, 1301
MUSCATINE, IOWA CITY, IOWA; RES. 12 -494, AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT
BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY
CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1015 DIANA
STREET, IOWA CITY, IOWA; RES. 12 -495, AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT
Complete Description
November 27, 2012
Page 2
BETWEEN THE CITY OF IOWA CITY AND MIDWESTONE BANK, IOWA CITY,
IOWA FOR PROPERTY LOCATED AT 609 MANOR DRIVE, IOWA CITY, IOWA;
RES. 12 -496, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE
PROPERTY LOCATED AT 323 FAIRVIEW, IOWA CITY, IOWA; RES. 12 -497,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A
SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND
HILLS BANK AND TRUST, CORALVILLE, IOWA FOR PROPERTY LOCATED AT
1963 CHELSEA COURT, IOWA CITY, IOWA; RES. 12 -498, AUTHORIZING THE
EXECUTION OF A MARKETING AGREEMENT WITH THE IOWA CITY
DOWNTOWN DISTRICT; RES. 12 -499, ACCEPTING THE DEDICATION OF AND
AUTHORIZING THE MAYOR TO ENTER INTO A PERMANENT WATER MAIN
EASEMENT AGREEMENT WITH THE UNIVERSITY OF IOWA FOR THE IOWA
RIVER WATER MAIN CROSSINGS PROJECT; RES. 12 -500, APPROVING,
AUTHORIZING AND DIRECTING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST AMENDMENT #2 TO THE JANUARY 25, 2011 AGREEMENT BY AND
BETWEEN THE CITY OF IOWA CITY AND H.R. GREEN TO PROVIDE
ENGINEERING CONSULTANT SERVICES FOR THE ROCKY SHORE DRIVE
PUMP STATION AND FLOOD GATE PROJECT; RES. 12 -501, AUTHORIZING
THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A
SUBORDINATION AGREEMENT WITH MIDWESTONE BANK FOR PROPERTY
LOCATED AT 894 MCCOLLISTER COURT; RES. 12 -502, DIRECTING THE
FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403.19 FOR THE
2012 END OF YEAR CERTIFICATION OF URBAN RENEWAL PROJECTS; RES.
12 -503, AMENDING THE AFSCME PAY PLAN BY RECLASSIFYING THE
POSITION OF RECEPTIONIST — SENIOR CENTER FROM GRADE 1 TO GRADE
2; RES. 12 -504, AMENDING THE BUDGETED POSITIONS IN THE IOWA CITY
POLICE DEPARTMENT BY ADDING TWO FULL -TIME POLICE OFFICERS
POSITIONS; RES. 12 -505, SETTING A PUBLIC HEARING ON DECEMBER 4,
2012 ON PLANS, SPECIFICATIONS, AND ESTIMATE OF COST FOR
CONSTRUCTION OF THE ROCHESTER AVENUE BRIDGE OVER RALSTON
CREEK PROJECT (F /K/A ROCHESTER AVENUE BRIDGE RECONSTRUCTION
PROJECT), DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING,
AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR
PUBLIC INSPECTION.
Correspondence: Melvin Lorenzo Kelly regarding Emergency Evacuation Plans;
Sandie Eskin regarding North Liberty Pet Ordinance [Staff response included]; Melvin
Lorenzo Kelly regarding Wasteful Spending in Homelessness; Sydney Ingram;
McKenzie Fluaitt regarding House Parties [Staff response included]; Pax Puran
regarding Kirkwood Ave. and South Summit Intersection [Staff response included];
Brandon Juniel regarding Curfew Ordinance [Staff response included]; Melvin Lorenzo
Kelly regarding Neighborhood Crime Watch; Jonathan Bluemke, Nancy Reimer
regarding Requesting a New City Ordinance regarding landlord misconduct [Staff
response included]; John Stamler regarding Traffic Cameras. [Staff response
included]; Joe Reilly, Jim Schlott, Nathalie Carlson, Brion Hurley, Amanda Froese,
James Ponto regarding Gilbert Street / College Street development proposals.
Complete Description
November 27, 2012
Page 3
Matt Ohloff, 827 E. Market St., requested Council consider a resolution concerning
labeling genetically engineered foods. Moved by Mims, seconded by Payne, to accept
correspondence from Mr. Ohloff.
Moved by Throgmorton, seconded by Mims, to set a public hearing for December
18, 2012, on an ordinance amending the Planned Development Overlay Medium
Density Single - Family (OPD -8) plan for 6.53 acres of land located at Camp Cardinal
Boulevard, Ryan Court, and Preston Lane to change townhouse style units to zero lots
line dwellings (REZ12- 00024).
Moved by Mims, seconded by Champion, to set a public hearing for December 18
on an ordinance designating the Jefferson Street National Register Historic District as a
Historic Overlay (OHP) Zone (REZ12- 00027).
Council Member Payne abstained from the following vote due to a conflict of
interest.
Moved by Champion, seconded by Dickens, to set a public hearing for December
18, 2012, on an ordinance conditionally rezoning .22 acres of land located at 221 and
225 North Linn Street and the adjacent..07 acre lot associated with the MidAmerican
substation from Neighborhood Stabilization Residential (RNS -12) to Central Business
Service (CB -2). (REZ12- 00028). The Mayor declared the motion carried unanimously,
6/0/1, with Payne abstaining.
A public hearing was held on an ordinance conditionally rezoning approximately 1.02
acres of land located on 1 st Avenue north of Rochester Avenue from Low Density Single
Family Residential(RS -5) to Low - Density Multi - Family Residential (RM -12) (REZ12-
00025). The Mayor requested Council Members report any ex parte communications and
none were reported. PCD Dir. Davidson presented a power point. Ed Wasserman, 555 n.
First Ave., appeared. Individual Council Members expressed their views. Moved by
Mims, seconded by Dickens to accept correspondence from Sue Forde.
Moved by Champion, seconded by Payne, that the ordinance conditionally rezoning
approximately 1.02 acres of land located on 1 st Avenue north of Rochester Avenue from
Low Density Single Family Residential (RS-5) to Low - Density Multi - Family Residential
(RM -12) (REZ12- 00025), be given first vote. Individual Council Members expressed their
views. The Mayor declared the motion carried, 6/1, with the following division of roll call
vote. Ayes: Dickens, Hayek, Mims, Payne, Throgmorton, Champion. Nays: Dobyns.
Moved by Payne, seconded by Dickens, that the ordinance amending the Planned
Development Overlay Medium - Density Single - Family (OPD -8) plan for Saddlebrook
Meadows Part 1 to add a single -story ranch -style house plan to the previously approved
OPD Plan for property located at Whispering Meadows Drive and Pinto Lane (REZ12-
00022), be given second vote.
Moved by Dobyns, seconded by Champion, to move up item 16 on the
agenda for discussion at the same as # 5g..
Moved by Dobyns, seconded by Mims, that the rule requiring ordinances to be
considered and voted on for final passage at two Council meetings prior to the meeting
at which it is to be finally passed be suspended, the second consideration and vote be
waived, and that ORD. 12 -4500, CONDITIONALLY REZONING APPROXIMATELY 1.38
ACRES LOCATED AT 1030 WILLIAM STREET FROM COMMERCIAL OFFICE (CO -1)
TO MEDIUM - DENSITY MULTI - FAMILY (RM -20) (REZ12- 00023), be voted on for final
Complete Description
November 27, 2012
Page 4
passage at this time. The Mayor reported ex parte communications with the City
Attorney and City Manager regarding the procedure and request to combine. No other
ex parte communications were reported. Moved by Mims, seconded by Champion, that
the ordinance be finally adopted at this time.
Moved by Mims, seconded by Payne, to adopt RES. 12 -506, AUTHORIZING THE
MAYOR TO SIGN A LETTER OF SUPPORT OF THE APPLICATION OF IOWA CITY
SENIOR APARTMENTS, L.P. FOR LOW INCOME HOUSING TAX CREDITS (LIHTC)
TO CONSTRUCT A MULTI -UNIT SENIOR RESIDENTIAL PROJECT AT 1030
WILLIAM STREET AND COMMITTING LOCAL FUNDS TO THE PROJECT.
Moved by Dobyns, seconded by Champion, to move up item 10 on the agenda for
discussion with item # 5g, and action after item # 5g.
Moved by Champion, seconded by Payne, that the ordinance amending Title 14,
Zoning Code, Article 4C, Accessory Uses and Buildings, to allow for the keeping of
chickens as an accessory use to single family detached uses and to reference standards
for structures for the keeping of chickens, be given second vote. Individual Council
Members expressed their views. The following individuals appeared: Ed Sobolewski,
746 Juniper Dr.; Martha Norbeck, 906 S. 7th Ave.; Mary Jo Daly, 532 Meadow St.; Jarrett
Mitchell, 304 S. Summit St.; Shannon Gassman, 741 S. 7th Ave.; Judith Pascoe, 317
Fairchild St.; Don Anciaux, 2119 Russell Ave; Drew Dillman, 845 Normandy Dr.; The
Mayor declared the motion carried, 5/2, with the following division of roll call vote: Ayes:
Throgmorton, Champion, Dobyns, Hayek, Mims. Nays: Payne, Dickens.
Moved by Dobyns, seconded by Mims, that the ordinance amending Title 8, entitled
"Police Regulations," Chapter 4, entitled "Animal Control," to establish a permit process
for urban chickens, be given second vote. City Atty. Dilkes stated that as a result of
Council work session discussion the ordinance would need to be amended to reflect the
three year permit rather than one year and therefore would need to be given first
consideration at this time. Dobyns and Mims amended the motion on the floor to reflect
first consideration. Individual Council Members expressed their views. The Mayor
declared the motion for first consideration as amended, carried, 5/2, with the following
division of roll call vote: Ayes: Throgmorton, Champion, Dobyns, Hayek, Mims. Nays:
Payne, Dickens. Moved by Mims, seconded by Payne, to accept correspondence from
Brien Hemann, Mary Strum, Russell Haught, Pat Knebel, Shannon Gassman, Sarah
McElligott, Trish Nelson, Tammia Prottsman, Martha Norbeck, Fred Meyer, Elizabeth
Cummings, Sondy Kaska, Matt Krieger.
Moved by Champion, seconded by Dickens, that ORD. 12 -4501, REZONING 1.1-
ACRES OF LAND LOCATED AT 2225 MORMON TREK BOULEVARD FROM
INTENSIVE COMMERCIAL (CI -1) TO COMMUNITY COMMERCIAL (CC -2) (REZ12-
00020), be passed and adopted.
A public hearing was held on the ordinance amending an Title 7, Chapter 1, Fire
Prevention and Protection, by adopting the 2012 Edition of the International Fire Code
to regulate and govern the safeguarding of life and property from fire and explosion
hazards arising from the storage, handling and use of hazardous substances, materials
and devices, and from conditions hazardous to life or property in the occupancy of
buildings and premises in the City of Iowa City and providing for the issuance of
permits. No one appeared.
Complete Description
November 27, 2012
Page 5
Moved by Dobyns, seconded by Payne, that the ordinance amending an Title 7,
Chapter 1, Fire Prevention and Protection, by adopting the 2012 Edition of the
International. Fire Code to regulate and govern the safeguarding of life and property
from fire and explosion hazards arising from the storage, handling and use of hazardous
substances, -materials and devices, and from conditions hazardous to life or property in
the occupancy of buildings and premises in the City of Iowa City and providing for the
issuance of permits, be given first vote.
A public hearing was held on a resolution authorizing conveyance of a single family
home located at 654 South Lucas Street. No one appeared.
Moved by Mims, seconded by Payne, to adopt RES. 12 -507, AUTHORIZING
CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 654 SOUTH LUCAS
STREET.
A public hearing was held on a resolution approving plans, specifications, form of
contract, and estimate of cost for the construction of the Public Works - Fuel Facility
Project, establishing amount of bid security to accompany each bid, directing City Clerk
to publish notice to bidders, and fixing time and place for receipt of bids. No one
appeared.
Moved by Payne, seconded by Dobyns, to adopt RES. 12 -508, APPROVING
PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR
THE CONSTRUCTION OF THE PUBLIC WORKS - FUEL FACILITY PROJECT,
ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID,
DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME
AND PLACE FOR RECEIPT OF BIDS.
A public discussion was held on the resolution proceeding with Taft Speedway
Levee Project Alternate 7. Public Works Dir. Fosse resent for discussion. The following
individuals appeared: Greg Geerdes, 890 Park Place; Wally Taylor, atty. representing
people along Taft Speedway; Regenia Bailey, 310 Reno St.; Joe Holland, atty.
representing people in Idyllwild; Cindy Roberts, 2034 Grantwood; James White, 121
Taft Speedway; Mary Murphy, 890 Park Place; Dale Simon, 46 Pentire Circle; Drew
Dillman, 845 Normandy Dr.; Cathy Wilcox, 119 Taft Speedway; Joni Kinsey, 602
Granada Ct.; Judy Dillman, 845 Normandy Dr.; Martha Norbeck, 906 S. 7th Ave.; and
Laurel Bar, 609 Granada Ct.
Moved by Payne, seconded by Dobyns, to adopt a resolution proceeding with Taft
Speedway Levee Project Alternate 7. Individual Council Members expressed their
views. The Mayor declared the resolution defeated, 2/5, with the following division of roll
call vote. Ayes: Hayek, Dickens. Nays: Mims, Payne, Champion, Dobyns,
Throgmorton. Moved by Dobyns, seconded by Dickens, to adopt RES. 12 -509, TO
PROCEED WITH RE- ROUTING OFFSITE DRAINAGE FROM THE IDYLLWILD SITE
AND NOT TO PROCEED WITH THE TAFT SPEEDWAY LEVEE PROJECT. Public
Works Dir. Fosse present for discussion. Moved by Throgmorton, seconded by Mims, to
accept correspondence from Michael Crawford, Gregg Geerdes, Drew Dillman, Terri
Miller Chait, Sonia Ettinger, Erin Irish, Sally Cline, Gene Szymkowiak, Ann Nevin,
Rebecca Porter, Jane Dohrmann, Scott Smith, Clay Claussen, Joey Walker.
Moved by Mims, seconded by Champion, that the ordinance amending Title 8,
entitled "Police Regulations," Chapter 4, entitled "Animal Control' and Title 10, entitled
"Public Ways and Property," Chapter 5, entitled "City Plaza," and Chapter 9, entitled
Complete Description
November 27, 2012
Page 6
"Parks and Recreation Regulations," to allow dogs in City Plaza, to prohibit dogs in
sidewalk cafes, and to allow dogs to be off leash in all dog parks, be given second vote.
Individual Council Members expressed their views. Mary Jo Daly, 532 Meadow St.,
appeared. The Mayor declared the motion carried, 6/1, with the following division of roll
call vote. Ayes: Payne, Champion, Dickens, Dobyns, .Hayek, Mims. Nays:
Throgmorton. Moved by Payne, seconded by Dobyns, to accept correspondence from
Keene Swett, Bonnie Love, and Wayne Bowman.
Moved by Payne, seconded by Dobyns, that the ordinance amending Title 3,
Finances Taxation and Fees, Chapter 4, Schedule of Fees, Rates, Charges, Bonds,
Fines, and Penalties, Section 3, Potable Water Use and Service, Section 4, Wastewater
Treatment Works User Charges, and Section 5, Solid Waste Disposal, to increase the
deposit for utility accounts; amending Title 16, Public Works, Chapter 3A, City Utilities —
General Provisions, Section 5, establishing city utility accounts; deposits required, to
hold deposits until accounts are closed; and amending Title 16, Public Works, Chapter
3A, City Utilities — General Provisions, Section 6, Billing and Collection Procedures;
Delinquent Accounts, to ensure the imposition of liens conforms to State Code, be given
second vote. Individual Council Members expressed their views.
Moved by Payne, seconded by Dickens, that the ordinance amending Title 10 of the
City Code, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial
Use of Sidewalks," Section 5, entitled, "Use by Mobile Vendors," to change the duration
of a mobile vending permit from one year to three years and to limit the ownership
interest to three "carts, be given second vote. Moved by Dobyns, seconded by Mims, to
accept correspondence from Anthony Browne.
Moved by Dobyns, seconded by Payne, that the ordinance providing that general
property taxes levied and collected each year on all property located within that area
added to the City- University Project 1 Urban Renewal Area pursuant to the Tenth
Amendment thereto in the City of Iowa City, County of Johnson, State of Iowa, by and
for the benefit of the State of Iowa, City of Iowa City, County of Johnson, Iowa City
Community School District and other taxing districts, be paid to a special fund for
payment of principal and interest on loans, rebates, grants, monies advanced to and
indebtedness, including bonds issued or to be issued, incurred by said city in
connection with the City- University Project 1 Urban Renewal Plan, be given first vote.
Moved by Mims, seconded by Payne, that the ordinance amending Title 5, entitled
"Business and License Regulations," Chapter 1, entitled "General Licensing Provisions"
and Chapter 2, entitled "Taxicabs" to require a distinctive color scheme for all vehicles
driven by a company; require location of a dispatch office to be in Iowa City or Coralville
city limits and allow flexibility for dispatching from the office; restrict new companies to
starting June 1 of each year; clarify language regarding vehicle lettering, and require
driver identification to be posted in the vehicle facing the passengers, be given first vote.
The following individuals appeared: Dennis Doderer; Hany Hamza, 1034 Westside Dr.,
Red Line Cab; Lee Willberg, 1115 St. Clements Alley, Big Ten Ardvark; Stephen
Stonebreaker, 937 Springridge Dr.; Roger Bradley, Yellow Cab; Samuel Kennen, Pink's.
Individual Council Members expressed their views. Moved by Mims, seconded by
Dickens, to accept correspondence from Nazar Osman.
The Mayor noted the previously announced vacancies to Boards and Commissions:
Airport Zoning Brd of Adjustment for a five -year term January 1, 2012 - December 31,
Complete Description
November 27, 2012
Page 7
2016 (New full term); Airport Zoning Brd of Adjustment for a five -year term January 1,
2009 - December 31, 2013; Airport Zoning Commission for a six -year term January 1,
2010 — December 31, 2015; Airport Zoning Commission for a six -year term January 1,
2012 — December 31, 2017 (New full term). Applications must be received by 5:00
p.m., Wednesday, November 28, 2012. Board of Appeals for a Home Builders
Association Representative; Or a qualified trade representative, if after 3 months no
professional applies or is appointed, to fill a five -year term January 1, 2013 - December
31, 2017; Board of Adjustment for a five -year term, January 1, 2013 — January 1, 2018;
Public Art Advisory Committee for a three -year term, January 1, 2013 — January 1,
2016; Parks and Recreation Commission for two vacancies to fill four -year terms,
January 1, 2013 — January 1, 2017. Due to a publication error, the vacancies will be
readvertised and applications will be accepted until December 12th and appointment
deferred to December 18th Senior Center Commission for a three -year term, January 1,
2013 — December 31, 2015. This appointment for an at -large member, who is an
eligible elector of Johnson County Iowa but not a resident of the City of Iowa City, will
be appointed by majority vote of the six City Council appointees to the Commission.
Applications must be received by 5:00 p.m., Wednesday, December 12, 2012.
Applicants MUST reside in Iowa City and be 18 years of age unless specific
qualifications are stated. [Staff will not publish additional notices after a period of six
publications; but will continue to advertise vacancies with postings and on the Council
agenda. However, no additional publication costs will be incurred.]
Council Member Dickens reminded citizens of the Snowflake Walk Friday evening
November 30 followed by the Celebrate the Seasons event Saturday, December in
downtown. He stated he would be talking with a boy scout troop Wednesday evening.
Moved by Payne, seconded by Mims, to adjourn meeting at 10:45 p.m.
0�" 4
Matthew J. Hayek, Mayor
2,2� Z� -:2e��
Marizan K. Karr, City Clerk
I?o CITY OF IOWA CITY
-�- MEMORANDUM
Date: November 20, 2012
To: Mayor and City Council
From: Marian K. Karr, City Clerk
Re: Council Work Session, November 13, 2012, 5:00 PM in Emma J. Harvat Hall
Council: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton
UISG: Uttermark
11 -27 -12
3a(1)
Staff: Markus, Fruin, Bentley, Dilkes, Karr, O'Malley, Davidson, Dulek, Fosse, Havel,
Rocca, Moran, Boothroy, Goodman, Long
(A complete transcription and power point presentations are available in the City Clerk's Office
and the City website)
QUESTIONS FROM COUNCIL RE AGENDA ITEMS
1. (Consent Calendar item # 4f(6) — correspondence ... Taxicab Issues ...) In response to
Council Member Dobyns, City Clerk Karr the item is scheduled for discussion later in the
work session agenda.
2. (Consent Calendar item # 4d(16) — resolution ... establishing policy ... electronic
imaging ... destruction of records and documents in the City Clerk's office) In response
to Council Member Throgmorton, City Clerk Karr stated she would report back on the
digital backup schedule.
3. (Consent Calendar item # 4f(9) — correspondence ... appreciation for City Channel 4's
community programming ....) In response to Mayor Pro tern Mims, City staff will provide
information on the viewing schedule for the program.
4. (Agenda item # 9, ordinance amending Title 8 .... urban chicken ....) Council Member
Dobyns noted correspondence from Paula Swygard, who wrote as a citizen and not as
a Planning and Zoning Commission member) and stated he did chat with her.
5. (Agenda item # 12 — ordinance amending Title 10 ... mobile vendors ... to change
duration ... and limit ownership interest ....) Adm. Asst. to the City Manager Bentley
responded to questions.
6. (Agenda items # 6f and # 9 - ... urban chicken ordinances ....) Mayor Hayek stated his
intent to encourage discussion of both items at the first public hearing, noting anything
new could also be added later as part of item #9's public hearing. HIS Dir. Boothroy
present for discussion.
COUNCIL APPOINTMENTS (Agenda Item # 19)
Board of Appeals — reappoint Andrea French
Readvertise one for gender balance
Council Work Session
November 13, 2012
Page 2
Board of Adjustment — No applicants, readvertise
Human Rights Commission — Reappoint Harry Olmstead
Appoint Joe Dan Coulter and Katie Anthony
Public Art Advisory Committee — No applicants, readvertise
Senior Center Commission — Reappoint Charles Felling
Appoint Kathy Mitchell
Readvertise one
City Council Economic Development Committee alternate — No action
STATE LEGISLATIVE UPDATE FROM THE DAVIS, BROWN LAW FIRM [IP #3 and 4d(17)]
Atty. Tom Stanberry, representing the Davis, Brown law firm provided an update.
HAZMAT DISCUSSION [IP #41
Fire Chief Rocca introduced Dave Wilson, Emergency Management Agency Coordinator who
presented a power point.
ACTION: Proceed as outlined. (Rocca)
SEPARATE REQUIREMENTS FOR DRINKING ESTABLISHMENTS [IP # 51
City Atty. Dilkes facilitated discussion. Majority directed staff to examine eliminating
requirements for drinking establishments outside the core area of the City and submit to
Planning & Zoning Commission for recommendation back to Council.
ACTION: Proceed as directed. (Davidson)
TAXICAB ORDINANCE CHANGES [Agenda # 4f(6)]
City Clerk Karr facilitated discussion. Majority directed staff to prepare an ordinance
incorporating the changes as outlined in the memo.
ACTION: Proceed with ordinance for November 27 agenda. (Karr)
INFORMATION PACKET DISCUSSION [October 25, November 1, 8]
October 25
1. (IP3 - Copy of letter from Asst. Transportation Planner: Court Street Traffic Calming) In
response to Council Member Dobyns, PCD Dir. Davidson reported staff would report to
Council when the results of the survey were completed.
November 1
1. (IP2 — Memo form the City Manager: Retirement of Kevin O'Malley, Finance Director)
In response to Council, City Clerk Karr and City Manager Markus confirmed a January
31 retirement date.
Council Work Session
November 13, 2012
Page 3
*12/13/12 REVISED
2. (IP4 — Diversity Committee Public Information Gathering Session) Mayor Pro tem Mims
noted the public input meeting and suggested it be announced later at the formal
meeting.
November 8
1. (Memo from City Clerk: Additional Meeting Requests) Council Members confirmed the
possibility of meeting with area legislators at 7:30 a.m. on January 3; and Council
appointees evaluations at 1:00 p.m. on December 7.
2. (Memo from City Clerk: KXIC Radio Show) Council Members agreed to the following
schedule:
November 14 — Dickens
November 21 - Hayek
November 28 - Throgmorton
December 5 - Dickens
December 12 - Dobyns
December 19 - Payne
December 26 — NO ONE AVAILABLE
January 2 — Mims
COUNCIL TIME
1. UISG Rep. Uttermark announced he has accepted a position in the Des Moines
internship program and would be spending spring semester in Des Moines. Alternate
*Alec Bramel will begin phasing into UISG liaison duties and serve for the remainder of
the year.
2. Mayor Hayek thanked Council Member Dobyns and Mayor Pro tem Mims for their work
in reviewing the Gilbert Street / College Street development proposals.
PENDING WORK SESSION TOPICS [IP #51
Council Member Throgmorton requested that a presentation on local homeless services be
scheduled for a future work session and be added to the pending list. Majority agreed.
Possible presenters included Christy Canganelli form the Shelter House and Joan Vanden Berg
Mayor Hayek suggested a staff memo regarding groups addressing homelessness and City
funding history.
MEETING SCHEDULE [IP #6, 7]
Previously discussed under Council Time.
UPCOMING COMMUNITY EVENTS /COUNCIL INVITATIONS
Mayor Hayek thanked City staff and Council Members for all the efforts and preparation to meet
with Blue Zone representatives regarding Iowa City designation; and reported on his attendance
at the Johnson County Military Affairs Association dinner in observation of Veterans Day.
Meeting adjourned 6:30 PM.
Council Work Session
November 13, 2012
Page 3
2. (IP4 Diversity Committee Public Information Gathering Session) Mayor Pro tern Mfts
noted a public input meeting and suggested it be announced later at the f al
meeting.
November 8
1. (Memo f\evalu lerk: Additional Meeting Requests) Council Members c firmed the
possibilitng with area legislators at 7:30 a.m. on January 3• and Council
appointeons at 1:00 p.m. on De cember 7.
2. (Memo from City Clel, KXIC Radio Show) Council Members agreed to the following
schedule: \ /
November 14 — Dicm ns
November 21 - Hayek
November 28 - Throgm \onn
December 5 - Dickens
December 12 - Dobyns
December 19 - Payne
December 26 — NO ONE AVAI
January 2 — Mims
COUNCIL TIME
1. UISG Rep. Uttermark announced he has
internship program and would be spending
Alec Baldwin will begin phasing into UISG'
the year.
2. Mayor Hayek thanked Council Memre Dobyi
in reviewing the Gilbert Street / Colle Street
PENDING WORK SESSION TOPICS [I
a position in the Des Moines
- mester in Des Moines. Alternate
Wes and serve for the remainder of
and MaAr Pro tem Mims for their work
Council Member Throgmorton reques d that a presentation on local ho less services be
scheduled for a future work session ,And be added to the pending list. IV y agreed.
Possible presenters included Chripty Canganelli form the Shelter House an oan Vanden Berg.
Mayor Hayek suggested a staff emo regarding groups addressing homeles T s and City
funding history.
MEETING SCHEDULE [IP 96, 71
Previously discussed un or Council Time.
UPCOMING COMMU ITY EVENTS /COUNCIL INVITATIONS
Mayor Hayek than d City staff and Council Members for all the efforts and preparation
with Blue Zone r resentatives regarding Iowa City designation; and reported on his atte
at the Johnson ounty Military Affairs Association dinner in observation of Veterans Day.
Meeting adjo)drned 6:30 PM.
UP)
Subject to change as finalized by the City Clerk. For a final official copy, contact the
City Clerk's Office 356 -5040.
The cost of publishing the following proceedings and claims is $
Cumulative cost for this calendar year for said publication is $_
OFFICIAL COUNCIL ACTIONS — 11/13/12
Iowa City City Council special meeting, 7:00 p.m. at City Hall. Mayor Hayek
presiding. Council Members present: Champion, Dickens, Dobyns, Hayek, Mims,
Payne, Throgmorton. Absent: None.
The Mayor proclaimed: Veterans Remembrance Day — November 11; Hunger and
Homelessness Awareness Week — November 11 -17, Christy Canganelli, representing
Local Homeless Coordinating Board, accepting.
The Mayor presented Outstanding Student Citizenship Awards to Shimek
Elementary students: Avery Shrader (unable to attend) and Andrew Andersen.
Unless otherwise noted, all actions were affirmative and unanimous.
Moved and seconded that the items and recommendations in the Consent
Calendar be received, or approved, and /or adopted as amended:
Approval of Council Actions, subject to corrections, as recommended by the
City Clerk: October 23 Council Work Session; October 23 Special Council Formal
Official & Complete (x2).
Receive and File Minutes of Boards and Commissions (any recommendations
contained in minutes become effective only upon separate Council action): Ad
Hoc Diversity Committee — October 15; Ad Hoc Diversity Committee — October
22; Airport Commission — September 20; Civil Service Commission — October 30;
Housing & Community Development Commission — September 20; Planning &
Zoning Commission — September 20; Planning & Zoning Commission — October
4; Telecommunications Commission — September 24.
Permit Motions and Resolutions as Recommended by the City Clerk:
(New) Class C Liquor License for Brix,209 N. Linn St.; Class E Liquor License for
Kum & Go #51, 323 E. Burlington St.; Class E Liquor License for Kum & Go #52,
25 W. Burlington St.; Class C Liquor License for Rice Village. 223 E. Washington
St. (Renewal): Class C Liquor License for The Pit Smokehouse, 130 N.
Dubuque St.; Class E Liquor License for Fareway Stores, Inc. #034, 2765
Commerce Dr.; Class E Liquor License for Fareway Stores, Inc. #950, 2530
Westwinds Dr.; Class C Liquor License for Chipotle Mexican Grill #1069, 201 S.
Clinton St., Suite 112; Outdoor Service Area for Chipotle Mexican Grill #1069,
201 S. Clinton St., Suite 112; Special Class C Liquor License for India Cafe, 227
E. Washington St.; Class C Beer Permit for Aldi, Inc. #67, 1534 S. Gilbert St.;
Class B Liquor License for Clarion Highlander Hotel & Conference Center, 2525
N. Dodge St.; RES. 12 -463, TO ISSUE DANCE PERMIT to Clarion Highlander
Hotel & Conference Center, 2525 N. Dodge St.
Resolutions and Motions: RES. 12 -464, AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST A PARKING COVENANT FOR 225
IOWA AVENUE, IOWA CITY, IOWA; RES. 12 -465, AUTHORIZING THE
MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A
SUBORDINATION AGREEMENT WITH CORRIDOR STATE BANK FOR
PROPERTY LOCATED AT 109 E. COLLEGE STREET; RES. 12 -466,
Official Actions
November 13, 2012
Page 2
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO
A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND
UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR
PROPERTY LOCATED AT 1026 FAIRCHILD STREET, IOWA CITY, IOWA;
RES. 12 -467, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF
IOWA CITY AND MIDWESTONE BANK, IOWA CITY, IOWA FOR PROPERTY
LOCATED AT 1822 ROCHESTER AVENUE, IOWA CITY, IOWA; RES. 12 -468,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO
A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND
HILLS BANK AND TRUST CO., CORALVILLE, IOWA FOR PROPERTY
LOCATED AT 2704 BROOKSIDE DRIVE, IOWA CITY, IOWA; RES. 12 -469,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO
THE RELEASE OF LIEN REGARDING TWO MORTGAGES FOR THE
PROPERTY LOCATED AT 710 MILLER AVENUE, IOWA CITY, IOWA; RES.
12 -470, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE AND A
PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 509 CHURCH
STREET, IOWA CITY, IOWA; RES. 12 -471, ACCEPTING THE WORK FOR
THE 2011 PARKING RAMP REPAIRS PROJECT; RES. 12 -472, AWARDING
CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO
ATTEST A CONTRACT FOR CONSTRUCTION OF THE LOWER MUSCATINE
ROAD RECONSTRUCTION PROJECT (KIRKWOOD AVE. TO 1ST AVE.)[STP-
U- 3715(654)-- 70 -52]; RES. 12 -473, ACCEPTING THE WORK FOR THE
HIGHWAY 218 AND MELROSE AVENUE TRAFFIC SIGNALIZATION
PROJECT; RES. 12 -474, ACCEPTING THE WORK FOR THE BURLINGTON /
US HIGHWAY 6 BRIDGES FLOOD REPAIR PROJECT [ER- 3715(642)- -8R -52 &
ER- 3715(641)-- 8R -52]; RES. 12 -475, ACCEPTING THE WORK FOR THE J
STREET & SYCAMORE VIEW WATER MAIN - SOUTHEAST JUNIOR HIGH
SANITARY SEWER PROJECT; RES. 12 -476, ACCEPTING THE WORK FOR
THE SANITARY SEWER AND WATER MAIN, PUBLIC IMPROVEMENTS FOR
WINDSOR RIDGE - PART TWENTY -TWO, AND DECLARING THE PUBLIC
IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE; RES. 12 -477,
APPROVING THE FISCAL YEAR ENDING 2012 ANNUAL URBAN RENEWAL
AREA REPORT; RES. 12 -478, AUTHORIZING THE MAYOR TO SIGN AND
THE CITY CLERK TO ATTEST AN AGREEMENT WITH LEPIC - KROEGER
REALTORS TO SELL AND LEASE PROPERTY IN AVIATION COMMERCE
PARK; RES. 12 -479, ESTABLISHING POLICY FOR MICROFILMING AND
ELECTRONIC IMAGING; AND DESTRUCTION OF RECORDS AND
DOCUMENTS IN THE CITY CLERK'S OFFICE; RES. 12 -480, APPROVING,
AUTHORIZING AND DIRECTING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF
IOWA CITY AND DAVIS, BROWN, KOEHN, SHORS & ROBERTS, P. C. TO
PROVIDE LOBBYING SERVICES.
Public Hearings: Setting a public hearing on November 27, 2012 to receive
public comments regarding an ordinance adopting the 2012 Edition of the
Official Actions
November 13, 2012
Page 3
International Fire Code with local amendments; RES. 12 -481, SETTING PUBLIC
HEARING FOR NOVEMBER 27, 2012, ON A PROPOSAL TO CONVEY A
SINGLE FAMILY HOME LOCATED AT 654 SOUTH LUCAS STREET; RES. 12-
482, SETTING A PUBLIC HEARING ON NOVEMBER 27, 2012 ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR
THE CONSTRUCTION OF THE PUBLIC WORKS - FUEL FACILITY PROJECT,
DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND
DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR
PUBLIC INSPECTION.
Correspondence: Acting Traffic Engineering Planner regarding Removal of the
existing passenger loading zone from the east side of the 10 block of S. Johnson
Street — restoring normal odd /even calendar parking; Traffic Engineering Planner
regarding Installation of NO PARKING 8 AM — 5 PM MON - FRI signs on the east
side of the 400 block of 2nd Avenue; Traffic Engineering Planner regarding Install
NO PARKING HERE TO CORNER and NO PARKING CORNER TO HERE signs
on the north side of River Street to the east and west of the intersection with
Magowan Avenue; Melvin Lorenzo Kelly regarding Homelessness, Housing
Authority and HUD; James J. White (x2); Michael Crawford; Marilyn Rosenquist;
Cindy Roberts; Kurt Kimmerling regarding Taft Speedway Floodwall (Levee); Hany
Hamza x2 (Red Line owner), David Tiet (Big Ten - Aardvark owner), Mark Paterno
(Marco's owner), Roger Bradley (Yellow Cab manager), Mohamed Hassanein
(Five Stars owner); Aric Hopkins, (Old Capitol Independent owner) regarding
Taxicab Issues. [Staff response included]; Melvin Lorenzo Kelly regarding
Hurricanes and Tornadoes; Del Holland Audrey Wiedemeier, Sheldon Baker
regarding Sharrows on Gilbert St.; Christina Canganelli and Carrie Norton
regarding Appreciation for City Channel 4's Community Programming Division and
Ty Coleman; Janice Horak regarding appreciation for community event funding
for Community String Orchestra; Matt Ohloff regarding Food & Water Watch;
David Kimm Fesler regarding Fesler; Howard and Jo Hensch regarding Support
of Senior Center; Michael Haring regarding Iowa City Juvenile Curfew Ordinance;
Melvin Lorenzo Kelly regarding Poverty in America 2013; Brian Loring regarding
Thank you for Think Bicycles.
Linda Watkins, 2017 Rochester Avenue, appeared requesting a policy for an
exception for sewer charges during extreme drought conditions. Moved and seconded
to accept correspondence. Kelli Schneider, 3201 Raven St., appeared requesting
parking be restricted to one side of Raven Street. Moved and seconded to accept
correspondence. Mary Gravitt, 2714 Wayne #6, appeared regarding transit concerns.
Moved and seconded to set a public hearing for November 27 on an ordinance
conditionally rezoning approximately 1.02 acres of land located on 1St Avenue north of
Rochester Avenue from Low Density Single Family Residential(RS -5) to Low - Density
Multi - Family Residential (RM -12) (REZ12- 00025).
A public hearing was held on a resolution amending the Comprehensive Plan to
change the future land -use map designation from Office Research Park to Low - Density
Multi - Family Residential (8 -16 dwelling units per acre) for a 27 -acre area bounded by
Camp Cardinal Road to the east, the Cardinal Pointe South Subdivision along Ryan
Court to the north, and Camp Cardinal Boulevard to the west, subject to the text of the
Official Actions
November 13, 2012
Page 4
plan noting that environmentally - sensitive areas and limited street access may result in
development at a lower density (CPA12- 00003).
Moved and seconded to adopt RES. 12 -483, AMENDING THE COMPREHENSIVE
PLAN TO CHANGE THE FUTURE LAND -USE MAP DESIGNATION FROM OFFICE
RESEARCH PARK TO LOW- DENSITY MULTI - FAMILY RESIDENTIAL (8 -16
DWELLING UNITS PER ACRE) FOR A 27 -ACRE AREA BOUNDED BY CAMP
CARDINAL ROAD TO THE EAST, THE CARDINAL POINTE SOUTH SUBDIVISION
ALONG RYAN COURT TO THE NORTH, AND CAMP CARDINAL BOULEVARD TO
THE WEST, SUBJECT TO THE TEXT OF THE PLAN NOTING THAT
ENVIRONMENTALLY - SENSITIVE AREAS AND LIMITED STREET ACCESS MAY
RESULT IN DEVELOPMENT AT A LOWER DENSITY.
A public hearing was held on a resolution amending the Central District Plan to
change the land -use designation from Low to Medium Density Multi - Family to Single -
Family and Duplex Residential for properties located at 905, 909 and 911 North
Governor Street and a property between 906 North Dodge Street and 910 North Dodge
Street (CPA12- 00004). Mike Wright, 225 N. Lucas, appeared.
Moved and seconded to adopt RES. 12 -484, AMENDING THE CENTRAL DISTRICT
PLAN TO CHANGE THE LAND -USE DESIGNATION FROM LOW TO MEDIUM
DENSITY MULTI - FAMILY TO SINGLE - FAMILY AND DUPLEX RESIDENTIAL FOR
PROPERTIES LOCATED AT 905, 909 AND 911 NORTH GOVERNOR STREET AND
A PROPERTY BETWEEN 906 NORTH DODGE STREET AND 910 NORTH DODGE
STREET (CPA12- 00004).
A public hearing was held on an ordinance amending the Planned Development
Overlay Medium - Density Single - Family (OPD -8) plan for Saddlebrook Meadows Part 1 to
add a single -story ranch -style house plan to the previously approved OPD Plan for
property located at Whispering Meadows Drive and Pinto Lane (REZ12- 00022). Steve
Gordon, AM Management appeared.
Moved and seconded that the ordinance amending the Planned Development Overlay
Medium - Density Single - Family (OPD -8) plan for Saddlebrook Meadows Part 1 to add a
single -story ranch -style house plan to the previously approved OPD Plan for property
located at Whispering Meadows Drive and Pinto Lane (REZ12- 00022), be given first vote.
A public hearing was held on an ordinance conditionally rezoning approximately 1.38
acres located at 1030 William Street from Commercial Office (CO -1) to Medium - Density
Multi - Family (RM -20) (REZ12- 00023). Ben Porush, representing Three Diamond
Development, appeared.
Moved and seconded that the ordinance conditionally rezoning approximately 1.38
acres located at 1030 William Street from Commercial Office (CO -1) to Medium - Density
Multi - Family (RM -20) (REZ12- 00023), be given first vote.
A public hearing was held on an ordinance amending Title 14, Zoning Code, Article
4C, Accessory Uses and Buildings, to allow for the keeping of chickens as an accessory
use to single family detached uses and to reference standards for structures for the
keeping of chickens. The Mayor announced that comments related to item # 9, amending
the City Code to establish a permit process for urban chickens, would be considered with
this item. The following individuals appeared: Shannon Gassman, 741 S. 7th Ave.; Jay
Honohan, 1510 Somerset Lane; KT Labadie, 708 Woodside Dr.; Kathy Dumont, 1829 F
St.; Don Anciaux, 2119 Russell Dr., Katie Imborek, 408 MacBride Rd.; Rachel Gold; Jack
Official Actions
November 13, 2012
Page 5
Conklin. Moved and seconded to accept correspondence from: Jay Honohan, KT
Labadie, Tami Shaw, David Germann, John Kammermeyer, Diane Schweer, Geoff
Lauer, Bob Elliott, Jim and May Lou Maynard, Paula Swygard, Shams Ghoneim, Bill
Meredith, Jim Maynard, and Brian Richman.
Moved and seconded that the ordinance amending Title 14, Zoning Code, Article 4C,
Accessory Uses and Buildings, to allow for the keeping of chickens as an accessory use
to single family detached uses and to reference standards for structures for the keeping of
chickens, be given first vote. The Mayor declared the motion carried, 5/2.
Moved and seconded that the ordinance rezoning 1.1 -acres of land located at 2225
Mormon Trek Boulevard from Intensive Commercial (CI -1) to Community Commercial
(CC -2). (REZ12- 00020), be given second vote.
Moved and seconded to adopt RES. 12 -485, APPROVING THE FINAL PLAT OF
ROCHESTER RIDGE PART THREE, IOWA CITY, IOWA (SUB12- 00011).
A public hearing was held on a resolution authorizing conveyance of a single family
home located at 2538 Nevada Avenue.
Moved and seconded to adopt RES. 12 -486, AUTHORIZING CONVEYANCE OF A
SINGLE FAMILY HOME LOCATED AT 2538 NEVADA AVENUE.
A public hearing was held on a resolution authorizing conveyance of a single family
home located at 656 South Lucas Street.
Moved and seconded to adopt RES. 12 -487, AUTHORIZING CONVEYANCE OF A
SINGLE FAMILY HOME LOCATED AT 656 SOUTH LUCAS STREET.
Moved and seconded that the ordinance amending Title 8, entitled "Police
Regulations," Chapter 4, entitled "Animal Control," to establish a permit process for
urban chickens, be given first vote. The Mayor announced that comments related to item
# 6f, amending the City Zoning Code for structure for keeping urban chickens, would be
considered with this item. The Mayor declared the motion carried, 5/2. Moved and
seconded to accept correspondence from: Jay Honohan, KT Labadie, Tami Shaw, David
Germann, John Kammermeyer, Diane Schweer, Geoff Lauer, Bob Elliott, Jim and May
Lou Maynard, Paula Swygard, Shams Ghoneim, Bill Meredith, Jim Maynard, Brian
Richman.
Moved and seconded that the ordinance amending Title 8, entitled "Police
Regulations," Chapter 4, entitled "Animal Control' and Title 10, entitled "Public Ways
and Property," Chapter 5, entitled "City Plaza," and Chapter 9, entitled "Parks and
Recreation Regulations," to allow dogs in City Plaza, to prohibit dogs in sidewalk cafes,
and to allow dogs to be off leash in all dog parks, be given first vote.
Moved and seconded that the ordinance amending Title 3, Finances Taxation and
Fees, Chapter 4, Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties,
Section 3, Potable Water Use and Service, Section 4, Wastewater Treatment Works
User Charges, and Section 5, Solid Waste Disposal, to increase the deposit for utility
accounts; amending Title 16, Public Works, Chapter 3A, City Utilities — General
Provisions, Section 5, establishing city utility accounts; deposits required, to hold
deposits until accounts are closed; and amending Title 16, Public Works, Chapter 3A,
City Utilities — General Provisions, Section 6, Billing and Collection Procedures;
Delinquent Accounts, to ensure the imposition of liens conforms to State Code, be given
first vote.
Official Actions
November 13, 2012
Page 6
Moved and seconded that the ordinance amending Title 10 of the City Code, entitled
"Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks,"
Section 5, entitled, "Use by Mobile Vendors," to change the duration of a mobile
vending permit from one year to three years and to limit the ownership interest to three
carts, be given first vote.
Moved and seconded to adopt RES. 12 -488, ESTABLISHING MOBILE VENDING
PERMIT AND AMBULATORY VENDING PERMIT FEES AND RESCINDING
RESOLUTION NO. 10 -67.
Moved and seconded to adopt RES. 12 -489, AUTHORIZING AN AGREEMENT
BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY ASSOCIATION OF
PROFESSIONAL FIRE FIGHTERS, IAFF, LOCAL #610, TO BE EFFECTIVE JULY 1,
2013 THROUGH JUNE 30, 2016.
Moved and seconded to adopt RES. 12 -490, DIRECTING SALE OF $2,655,000
TAXABLE URBAN RENEWAL REVENUE BONDS, SERIES 2012D.
Moved and seconded approving Continuing Disclosure Certificate.
Moved and seconded to adopt RES. 12 -491, AUTHORIZING AND PROVIDING
FOR THE ISSUANCE OF $2,655,000 TAXABLE URBAN RENEWAL REVENUE
BONDS, SERIES 2012D, OF THE CITY OF IOWA CITY, STATE OF IOWA, UNDER
THE PROVISIONS OF THE CITY CODE OF IOWA, AND PROVIDING FOR A
METHOD OF PAYMENT OF THE BONDS.
The Mayor noted the previously announced vacancies for Boards and Commissions:
Airport Zoning Brd of Adjustment for a five -year term January 1, 2012 - December 31,
2016 (New full term); Airport Zoning Brd of Adjustment for a five -year term January 1,
2009 - December 31, 2013; Airport Zoning Commission for a six -year term January 1,
2010 - December 31, 2015; Airport Zoning Commission for a six -year term January 1,
2012 - December 31, 2017 (New full term). Applications must be received by 5:00
p.m., Wednesday, November 28, 2012.
The Mayor noted the current vacancies: Parks and Recreation Commission for two
vacancies to fill four -year terms, January 1, 2013 - January 1, 2017. Due to a
publication error, the vacancies will be readvertised and applications will be accepted
until December 12th and appointment deferred to December 18th. Applications must be
received by 5:00 p.m., Wednesday, December 12, 2012.
Moved and seconded to make the following appointments: reappoint Andrew
French, 531 1St Avenue, to the Board of Appeals for Licensed Plumber or a qualified
trade representative - December 31, 2017; reappoint Harry Olmstead, 1951 Hannah Jo
Court, and appoint Joe Coulter, 1818 N. Dubuque Street, and Katie Anthony, 23
Wakefield Court, to the Human Rights Commission to fill three -year terms, January 1,
2013 - January 1, 2016; reappoint Charles Felling, 825 South 7th Avenue, and appoint
Kathy Mitchell, 722 Iowa Avenue, to the Senior Center Commission to fill three -year
terms, January 1, 2013 - December 31, 2015.
The Mayor noted that no applications were received and /or gender balance
requirement not met for the following vacancies and all will be readvertised: Board of
Appeals for one Home Builders Association Representative; if after 3 months no
professional applies or is appointed, to fill five -year terms January 1, 2013 - December
31, 2017; Board of Adjustment for a five -year term, January 1, 2013 - January 1, 2018;
Public Art Advisory Committee for a three -year term, January 1, 2013 - January 1,
Official Actions
November 13, 2012
Page 7
2016; Senior Center Commission for a three -year terms, January 1, 2013 — December
31, 2015. Applicants MUST reside in Iowa City and be 18 years of age unless specific
qualifications are stated. [Staff will not publish additional notices after a period of six
publications; but will continue to advertise vacancies with postings and on the Council
agenda. However, no additional publication costs will be incurred.]
The Mayor announced no action would be taken on an appointment to the City
Council Economic Development Committee alternate to serve in the absence of, or
when a conflict of interest arises with, one of three Council Member appointees.
Moved and seconded to adjourn to executive session to evaluate the professional
competency of individuals whose appointment, hiring, performance or discharge is
being considered when necessary to prevent needless and irreparable injury to that
individuals' reputations and those individuals requested a closed session. (City
Attorney, City Clerk City Manager) The Mayor declared the motion carried and
adjourned into executive session 9:10 p.m.
Moved and seconded to adjourn special meeting 10:00 p.m.
A more complete description of Council Activities is on file in the office of the City
Clerk.
s /Matthew J. Hayek, Mayor
s /Maririan K. Karr, City Clerk
Submitted for publication — 11/21/12.
Subject to change as finalized by the City Clerk. For a final official copy, contact the
City Clerk's Office 356 -5040.
COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
NOVEMBER 13, 2012
Iowa City City Council special meeting, 7:00 p.m. at City Hall. Mayor Hayek
presiding. Council Members present: Champion, Dickens, Dobyns, Hayek, Mims,
Payne, Throgmorton. Absent: None. Staff members present: Markus, Fruin, Bentley,
Dilkes, Karr, Davidson, Havel, Goodman, Boothroy, O'Malley.
The Mayor proclaimed: Veterans Remembrance Day — November 11; Hunger and
Homelessness Awareness Week — November 11 -17, Christy Canganelli, representing
Local Homeless Coordinating Board, accepting.
The Mayor presented Outstanding Student Citizenship Awards to Shimek
Elementary students: Avery Shrader (unable to attend) and Andrew Andersen.
Unless otherwise noted, all actions were affirmative and unanimous.
Moved by Champion, seconded by Dobyns, that the items and recommendations
in the Consent Calendar be received, or approved, and /or adopted as amended:
Approval of Council Actions, subject to corrections, as recommended by the
City Clerk: October 23 Council Work Session; October 23 Special Council Formal
Official & Complete (x2).
Receive and File Minutes of Boards and Commissions (any recommendations
contained in minutes become effective only upon separate Council action): Ad
Hoc Diversity Committee — October 15; Ad Hoc Diversity Committee — October
22; Airport Commission — September 20; Civil Service Commission — October 30;
Housing & Community Development Commission — September 20; Planning &
Zoning Commission — September 20; Planning & Zoning Commission — October
4; Telecommunications Commission — September 24.
Permit Motions and Resolutions as Recommended by the City Clerk:
(New) Class C Liquor License for Brixco, LLC, dba Brix,209 N. Linn St.; Class E
Liquor License for Kum & Go, LC, dba Kum & Go #51, 323 E. Burlington St.;
Class E Liquor License for Kum & Go, LC, dba Kum & Go #52, 25 W. Burlington
St.; Class C Liquor License for New Asian Food Corp., Inc., dba Rice Village.
223 E. Washington St. (Renewal): Class C Liquor License for The Pit
Smokehouse, LLC., dba The Pit Smokehouse, 130 N. Dubuque St.; Class E
Liquor License for Fareway Stores, Inc., dba Fareway Stores, Inc. #034, 2765
Commerce Dr.; Class E Liquor License for Fareway Stores Inc., dba Fareway
Stores, Inc. #950, 2530 Westwinds Dr.; Class C Liquor License for Chipotle
Mexican Grill of Colorado, LLC dba Chipotle Mexican Grill #1069, 201 S. Clinton
St., Suite 112; Outdoor Service Area for Chipotle Mexican Grill of Colorado, LLC
dba Chipotle Mexican Grill #1069, 201 S. Clinton St., Suite 112; Special Class C
Liquor License for India Cafe Corporation, dba India Cafe, 227 E. Washington
St.; Class C Beer Permit for Aldi, Inc., dba Aldi, Inc. #67, 1534 S. Gilbert St.;
Class B Liquor License for POSH Hotel, LLC, dba Clarion Highlander Hotel &
Conference Center, 2525 N. Dodge St.; RES. 12 -463, TO ISSUE DANCE
PERMIT to POSH Hotel, LLC, dba Clarion Highlander Hotel & Conference
Center, 2525 N. Dodge St.
Resolutions and Motions: RES. 12 -464, AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST A PARKING COVENANT FOR 225
Complete Description
November 13, 2012
Page 2
IOWA AVENUE, IOWA CITY, IOWA; RES. 12 -465, AUTHORIZING THE
MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A
SUBORDINATION AGREEMENT WITH CORRIDOR STATE BANK FOR
PROPERTY LOCATED AT 109 E. COLLEGE STREET; RES. 12 -466,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO
A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND
UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR
PROPERTY LOCATED AT 1026 FAIRCHILD STREET, IOWA CITY, IOWA;
RES. 12 -467, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF
IOWA CITY AND MIDWESTONE BANK, IOWA CITY, IOWA FOR PROPERTY
LOCATED AT 1822 ROCHESTER AVENUE, IOWA CITY, IOWA; RES. 12 -468,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO
A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND
HILLS BANK AND TRUST CO., CORALVILLE, IOWA FOR PROPERTY
LOCATED AT 2704 BROOKSIDE DRIVE, IOWA CITY, IOWA; RES. 12 -469,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO
THE RELEASE OF LIEN REGARDING TWO MORTGAGES FOR THE
PROPERTY LOCATED AT 710 MILLER AVENUE, IOWA CITY, IOWA; RES.
12 -470, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE AND A
PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 509 CHURCH
STREET, IOWA CITY, IOWA; RES. 12 -471, ACCEPTING THE WORK FOR
THE 2011 PARKING RAMP REPAIRS PROJECT; RES. 12 -472, AWARDING
CONTRACT to Metro Pavers, Inc. for $ 6,620,967.68 AND AUTHORIZING THE
MAYOR TO SIGN AND CITY CLERK TO ATTEST A CONTRACT FOR
CONSTRUCTION OF THE LOWER MUSCATINE ROAD RECONSTRUCTION
PROJECT (KIRKWOOD AVE. TO 1ST AVE.)[STP -U- 3715(654)-- 70 -52]; RES.
12 -473, ACCEPTING THE WORK FOR THE HIGHWAY 218 AND MELROSE
AVENUE TRAFFIC SIGNALIZATION PROJECT; RES. 12 -474, ACCEPTING
THE WORK FOR THE BURLINGTON / US HIGHWAY 6 BRIDGES FLOOD
REPAIR PROJECT [ER- 3715(642)- -8R -52 & ER- 3715(641)-- 8R -52]; RES. 12-
475, ACCEPTING THE WORK FOR THE J STREET & SYCAMORE VIEW
WATER MAIN - SOUTHEAST JUNIOR HIGH SANITARY SEWER PROJECT;
RES. 12 -476, ACCEPTING THE WORK FOR THE SANITARY SEWER AND
WATER MAIN, PUBLIC IMPROVEMENTS FOR WINDSOR RIDGE - PART
TWENTY -TWO, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR
PUBLIC ACCESS AND USE; RES. 12 -477, APPROVING THE FISCAL YEAR
ENDING 2012 ANNUAL URBAN RENEWAL AREA REPORT; RES. 12 -478,
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN
AGREEMENT WITH LEPIC - KROEGER REALTORS TO SELL AND LEASE
PROPERTY IN AVIATION COMMERCE PARK; RES. 12 -479, ESTABLISHING
POLICY FOR MICROFILMING AND ELECTRONIC IMAGING; AND
DESTRUCTION OF RECORDS AND DOCUMENTS IN THE CITY CLERK'S
OFFICE; RES. 12 -480, APPROVING, AUTHORIZING AND DIRECTING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BY
Complete Description
November 13, 2012
Page 3
AND BETWEEN THE CITY OF IOWA CITY AND DAVIS, BROWN, KOEHN,
SHORS & ROBERTS, P. C. TO PROVIDE LOBBYING SERVICES.
Public Hearings: Setting a public hearing on November 27, 2012 to receive
public comments regarding an ordinance adopting the 2012 Edition of the
International Fire Code with local amendments; RES. 12 -481, SETTING PUBLIC
HEARING FOR NOVEMBER 27, 2012, ON A PROPOSAL TO CONVEY A
SINGLE FAMILY HOME LOCATED AT 654 SOUTH LUCAS STREET; RES. 12-
482, SETTING A PUBLIC HEARING ON NOVEMBER 27, 2012 ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR
THE CONSTRUCTION OF THE PUBLIC WORKS - FUEL FACILITY PROJECT,
DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND
DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR
PUBLIC INSPECTION.
Correspondence: Acting Traffic Engineering Planner regarding Removal of the
existing passenger loading zone from the east side of the 10 block of S. Johnson
Street — restoring normal odd /even calendar parking; Traffic Engineering Planner
regarding Installation of NO PARKING 8 AM — 5 PM MON - FRI signs on the east
side of the 400 block of 2 "d Avenue; Traffic Engineering Planner regarding Install
NO PARKING HERE TO CORNER and NO PARKING CORNER TO HERE signs
on the north side of River Street to the east and west of the intersection with
Magowan Avenue; Melvin Lorenzo Kelly regarding Homelessness, Housing
Authority and HUD; James J. White (x2); Michael Crawford; Marilyn Rosenquist;
Cindy Roberts; Kurt Kimmerling regarding Taft Speedway Floodwall (Levee); Hany
Hamza x2 (Red Line owner), David Tiet (Big Ten - Aardvark owner), Mark Paterno
(Marco's owner), Roger Bradley (Yellow Cab manager), Mohamed Hassanein
(Five Stars owner); Aric Hopkins, (Old Capitol Independent owner) regarding
Taxicab Issues. [Staff response included]; Melvin Lorenzo Kelly regarding
Hurricanes and Tornadoes; Del Holland Audrey Wiedemeier, Sheldon Baker
regarding Sharrows on Gilbert St.; Christina Canganelli and Carrie Norton
regarding Appreciation for City Channel 4's Community Programming Division and
Ty Coleman; Janice Horak regarding appreciation for community event funding
for Community String Orchestra; Matt Ohloff regarding Food & Water Watch;
David Kimm Fesler regarding Fesler; Howard and Jo Hensch regarding Support
of Senior Center; Michael Haring regarding Iowa City Juvenile Curfew Ordinance;
Melvin Lorenzo Kelly regarding Poverty in America 2013; Brian Loring regarding
Thank you for Think Bicycles.
Linda Watkins, 2017 Rochester Avenue, appeared requesting a policy for an
exception for sewer charges during extreme drought conditions. Moved by Mims,
seconded by Payne, to accept correspondence. Kelli Schneider, 3201 Raven St.,
appeared requesting parking be restricted to one side of Raven Street. Moved by
Throgmorton, seconded by Dickens, to accept correspondence. Mary Gravitt, 2714
Wayne #6, appeared regarding transit concerns.
Moved by Dobyns, seconded by Payne, to set a public hearing for November 27 on
an ordinance conditionally rezoning approximately 1.02 acres of land located on 1St
Avenue north of Rochester Avenue from Low Density Single Family Residential(RS -5) to
Low - Density Multi - Family Residential (RM -12) (REZ12- 00025).
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November 13, 2012
Page 4
A public hearing was held on a resolution amending the Comprehensive Plan to
change the future land -use map designation from Office Research Park to Low - Density
Multi - Family Residential (8 -16 dwelling units per acre) for a 27 -acre area bounded by
Camp Cardinal Road to the east, the Cardinal Pointe South Subdivision along Ryan
Court to the north, and Camp Cardinal Boulevard to the west, subject to the text of the
plan noting that environmentally - sensitive areas and limited street access may result in
development at a lower density (CPA12- 00003). PCD Dir. Davidson presented a power
point. Individual Council Members expressed their views.
Moved by Payne, seconded by Dickens, to adopt RES. 12 -483, AMENDING THE
COMPREHENSIVE PLAN TO CHANGE THE FUTURE LAND -USE MAP
DESIGNATION FROM OFFICE RESEARCH PARK TO LOW - DENSITY MULTI-
FAMILY RESIDENTIAL (8 -16 DWELLING UNITS PER ACRE) FOR A 27 -ACRE AREA
BOUNDED BY CAMP CARDINAL ROAD TO THE EAST, THE CARDINAL POINTE
SOUTH SUBDIVISION ALONG RYAN COURT TO THE NORTH, AND CAMP
CARDINAL BOULEVARD TO THE WEST, SUBJECT TO THE TEXT OF THE PLAN
NOTING THAT ENVIRONMENTALLY - SENSITIVE AREAS AND LIMITED STREET
ACCESS MAY RESULT IN DEVELOPMENT AT A LOWER DENSITY.
A public hearing was held on a resolution amending the Central District Plan to
change the land -use designation from Low to Medium Density Multi - Family to Single -
Family and Duplex Residential for properties located at 905, 909 and 911 North
Governor Street and a property between 906 North Dodge Street and 910 North Dodge
Street (CPA12- 00004). PCD Dir. Davidson presented a power point. Mike Wright, 225
N. Lucas, appeared. Individual Council Members expressed their views.
Moved by Payne, seconded by Dobyns, to adopt RES. 12 -484, AMENDING THE
CENTRAL DISTRICT PLAN TO CHANGE THE LAND -USE DESIGNATION FROM
LOW TO MEDIUM DENSITY MULTI - FAMILY TO SINGLE - FAMILY AND DUPLEX
RESIDENTIAL FOR PROPERTIES LOCATED AT 905, 909 AND 911 NORTH
GOVERNOR STREET AND A PROPERTY BETWEEN 906 NORTH DODGE STREET
AND 910 NORTH DODGE STREET (CPA12- 00004).
A public hearing was held on an ordinance amending the Planned Development
Overlay Medium - Density Single - Family (OPD -8) plan for Saddlebrook Meadows Part 1 to
add a single -story ranch -style house plan to the previously approved OPD Plan for
property located at Whispering Meadows Drive and Pinto Lane (REZ12- 00022). PCD
Dir. Davidson presented a power point. Steve Gordon, AM Management appeared.
Individual Council Members expressed their views.
Moved by Champion, seconded by Payne, that the ordinance amending the Planned
Development Overlay Medium - Density Single - Family (OPD -8) plan for Saddlebrook
Meadows Part 1 to add a single -story ranch -style house plan to the previously approved
OPD Plan for property located at Whispering Meadows Drive and Pinto Lane (REZ12-
00022), be given first vote.
A public hearing was held on an ordinance conditionally rezoning approximately 1.38
acres located at 1030 William Street from Commercial Office (CO -1) to Medium - Density
Multi - Family (RM -20) (REZ12- 00023). The Mayor requested Council Members to
disclose any ex -parte communications. Mayor Hayek and Council Member Dobyns
reported. PCD Dir. Davidson presented a power point. Individual Council Members
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November 13, 2012
Page 5
expressed their views. Ben Porush, representing Three Diamond Development,
appeared.
Moved by Payne, seconded by Mims, that the ordinance conditionally rezoning
approximately 1.38 acres located at 1030 William Street from Commercial Office (CO -1)
to Medium - Density Multi - Family (RM -20) (REZ12- 00023), be given first vote. Individual
Council Members expressed their views.
A public hearing was held on an ordinance amending Title 14, Zoning Code, Article
4C, Accessory Uses and Buildings, to allow for the keeping of chickens as an accessory
use to single family detached uses and to reference standards for structures for the
keeping of chickens. The Mayor announced that comments related to item # 9, amending
the City Code to establish a permit process for urban chickens, would be considered with
this item. The following individuals appeared: Shannon Gassman, 741 S. 7th Ave.; Jay
Honohan, 1510 Somerset Lane; KT Labadie, 708 Woodside Dr.; Kathy Dumont, 1829 F
St.; Don Anciaux, 2119 Russell Dr., Katie Imborek, 408 MacBride Rd.; Rachel Gold; Jack
Conklin. Moved by Mims, seconded by Champion, to accept correspondence from: Jay
Honohan, KT Labadie, Tami Shaw, David Germann, John Kammermeyer, Diane
Schweer, Geoff Lauer, Bob Elliott, Jim and May Lou Maynard, Paula Swygard, Shams
Ghoneim, Bill Meredith, Jim Maynard, and Brian Richman.
Moved by Dobyns, seconded by Mims, that the ordinance amending Title 14, Zoning
Code, Article 4C, Accessory Uses and Buildings, to allow for the keeping of chickens as
an accessory use to single family detached uses and to reference standards for
structures for the keeping of chickens, be given first vote. PCD Dir. Davidson present for
discussion. Individual Council Members expressed their views. The Mayor declared the
motion carried, 5/2, with the following division of roll call vote. Ayes: Throgmorton,
Champion, Dobyns, Hayek, Mims. Nays: Payne, Dickens.
Moved by Mims, seconded by Payne, that the ordinance rezoning 1.1 -acres of land
located at 2225 Mormon Trek Boulevard from Intensive Commercial (CI -1) to
Community Commercial (CC -2). (REZ12- 00020), be given second vote. The Mayor
requested Council Members to disclose any ex -parte communications, and none were
reported.
Moved by Mims, seconded by Payne, to adopt RES. 12 -485, APPROVING THE
FINAL PLAT OF ROCHESTER RIDGE PART THREE, IOWA CITY, IOWA (SUB12-
00011).
A public hearing was held on a resolution authorizing conveyance of a single family
home located at 2538 Nevada Avenue.
Moved by Throgmorton, seconded by Payne, to adopt RES. 12 -486, AUTHORIZING
CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 2538 NEVADA AVENUE.
A public hearing was held on a resolution authorizing conveyance of a single family
home located at 656 South Lucas Street.
Moved by Champion, seconded by Dickens, to adopt RES. 12 -487, AUTHORIZING
CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 656 SOUTH LUCAS
STREET.
Moved by Mims, seconded by Dobyns, that the ordinance amending Title 8, entitled
"Police Regulations," Chapter 4, entitled "Animal Control," to establish a permit process
for urban chickens, be given first vote. The Mayor announced that comments related to
item # 6f, amending the City Zoning Code for structure for keeping urban chickens, would
Complete Description
November 13, 2012
Page 6
be considered with this item. The Mayor declared the motion carried, 5/2, with the
following division of roll call vote. Ayes: Hayek, Mims, Throgmorton, Champion,
Dobyns. Nays: Payne, Dickens. Moved by Champion, seconded by Mims, to accept
correspondence from: Jay Honohan, KT Labadie, Tami Shaw, David Germann, John
Kammermeyer, Diane Schweer, Geoff Lauer, Bob Elliott, Jim and May Lou Maynard,
Paula Swygard, Shams Ghoneim, Bill Meredith, Jim Maynard, Brian Richman.
Moved by Champion, seconded by Payne, that the ordinance amending Title 8,
entitled "Police Regulations," Chapter 4, entitled "Animal Control" and Title 10, entitled
"Public Ways and Property," Chapter 5, entitled "City Plaza," and Chapter 9, entitled
"Parks and Recreation Regulations," to allow dogs in City Plaza, to prohibit dogs in
sidewalk cafes, and to allow dogs to be off leash in all dog parks, be given first vote.
Asst. to the City Manager Fruin presented information. Individual Council Members
expressed their views.
Moved by Mims, seconded by Payne, that the ordinance amending Title 3, Finances
Taxation and Fees, Chapter 4, Schedule of Fees, Rates, Charges, Bonds, Fines, and
Penalties, Section 3, Potable Water Use and Service, Section 4, Wastewater Treatment
Works User Charges, and Section 5, Solid Waste Disposal, to increase the deposit for
utility accounts; amending Title 16, Public Works, Chapter 3A, City Utilities — General
Provisions, Section 5, establishing city utility accounts; deposits required, to hold
deposits until accounts are closed; and amending Title 16, Public Works, Chapter 3A,
City Utilities — General Provisions, Section 6, Billing and Collection Procedures;
Delinquent Accounts, to ensure the imposition of liens conforms to State Code, be given
first vote.
Moved by Champion, seconded by Payne, that the ordinance amending Title 10 of
the City Code, entitled "Use of Public Ways and Property," Chapter 3, entitled
"Commercial Use of Sidewalks," Section 5, entitled, "Use by Mobile Vendors," to
change the duration of a mobile vending permit from one year to three years and to limit
the ownership interest to three carts, be given first vote.
Moved by Mims, seconded by Payne, to adopt RES. 12 -488, ESTABLISHING
MOBILE VENDING PERMIT AND AMBULATORY VENDING PERMIT FEES AND
RESCINDING RESOLUTION NO. 10 -67.
Moved by Payne, seconded by Dickens, to adopt RES. 12 -489, AUTHORIZING AN
AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY
ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS, IAFF, LOCAL #610, TO BE
EFFECTIVE JULY 1, 2013 THROUGH JUNE 30, 2016.
Moved by Champion, seconded by Payne, to adopt RES. 12 -490, DIRECTING
SALE OF $2,655,000 TAXABLE URBAN RENEWAL REVENUE BONDS, SERIES
2012D. Finance Dir. O'Malley present for discussion and distributed updated
documents. Individual Council Members expressed their views.
Moved by Mims, seconded by Payne, approving Continuing Disclosure Certificate.
Moved by Payne, seconded by Mims, to adopt RES. 12 -491, AUTHORIZING AND
PROVIDING FOR THE ISSUANCE OF $2,655,000 TAXABLE URBAN RENEWAL
REVENUE BONDS, SERIES 2012D, OF THE CITY OF IOWA CITY, STATE OF IOWA,
UNDER THE PROVISIONS OF THE CITY CODE OF IOWA, AND PROVIDING FOR A
METHOD OF PAYMENT OF THE BONDS.
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November 13, 2012
Page 7
The Mayor noted the previously announced vacancies for Boards and Commissions:
Airport Zoning Brd of Adjustment for a five -year term January 1, 2012 - December 31,
2016 (New full term); Airport Zoning Brd of Adjustment for a five -year term January 1,
2009 - December 31, 2013; Airport Zoning Commission for a six -year term January 1,
2010 — December 31, 2015; Airport Zoning Commission for a six -year term January 1,
2012 — December 31, 2017 (New full term). Applications must be received by 5:00
p.m., Wednesday, November 28, 2012.
The Mayor noted the current vacancies: Parks and Recreation Commission for two
vacancies to fill four -year terms, January 1, 2013 — January 1, 2017. Due to a
publication error, the vacancies will be readvertised and applications will be accepted
until December 12th and appointment deferred to December 18th. Applications must be
received by 5:00 p.m., Wednesday, December 12, 2012.
Moved by Mims, seconded by Dickens, to make the following appointments:
reappoint Andrew French, 531 1St Avenue, to the Board of Appeals for Licensed
Plumber or a qualified trade representative - December 31, 2017; reappoint Harry
Olmstead, 1951 Hannah Jo Court, and appoint Joe Coulter, 1818 N. Dubuque Street,
and Katie Anthony, 23 Wakefield Court, to the Human Rights Commission to fill three -
year terms, January 1, 2013 — January 1, 2016; reappoint Charles Felling, 825 South 7th
Avenue, and appoint Kathy Mitchell, 722 Iowa Avenue, to the Senior Center
Commission to fill three -year terms, January 1, 2013 — December 31, 2015.
The Mayor noted that no applications were received and /or gender balance
requirement not met for the following vacancies and all will be readvertised: Board of
Appeals for one Home Builders Association Representative; if after 3 months no
professional applies or is appointed, to fill five -year terms January 1, 2013 - December
31, 2017; Board of Adjustment for a five -year term, January 1, 2013 — January 1, 2018;
Public Art Advisory Committee for a three -year term, January 1, 2013 — January 1,
2016; Senior Center Commission for a three -year terms, January 1, 2013 — December
31, 2015. Applicants MUST reside in Iowa City and be 18 years of age unless specific
qualifications are stated. [Staff will not publish additional notices after a period of six
publications; but will continue to advertise vacancies with postings and on the Council
agenda. However, no additional publication costs will be incurred.]
The Mayor announced no action would be taken on an appointment to the City
Council Economic Development Committee alternate to serve in the absence of, or
when a conflict of interest arises with, one of three Council Member appointees.
Council Member Throgmorton reminded the public the Ad Hoc Diversity Committee
information gathering session from 6:00 -8:00 p.m., Thursday, November 15, at the Iowa
City Public Library on transportation and law enforcement issues related to minority
populations; and announced he would be holding a listening post on November 15, from
8:00 to 10:00 a.m. at Bruegger's Bagel Shop on Riverside Dr.
Council Member Champion noted that the end of daylight savings time, and return to
standard time, creates a longer evening and urged bicyclists to use lights and reflectors.
Mayor Pro tem Mims noted the correspondence received regarding the shallows on
Gilbert Street and urged staff to consider ways to educate citizen on the differences
between shallows and bicycle lanes.
Council Member Dickens wished his wife a Happy Birthday on November 14.
Individual Council Members expressed best wishes.
Complete Description
November 13, 2012
Page 8
Council Member Dobyns noted the wonderful community project, sweaters on
downtown street trees, and encouraged everyone to take a look at the tree sweaters.
City Manager Markus announced that the City had received a $150,000 Great
Places grant for the Burling Street dam white water rapids project. Council Member
Throgmorton noted that the City had also received an award from the Iowa American
Planning Association recognizing the UniverCity program.
Moved by Throgmorton, seconded by Payne, to adjourn to executive session to
evaluate the professional competency of individuals whose appointment, hiring,
performance or discharge is being considered when necessary to prevent needless and
irreparable injury to that individuals' reputations and those individuals requested a
closed session. (City Attorney, City Clerk City Manager) The Mayor declared the motion
carried and adjourned into executive session 9:10 p.m.
Council returned to open session 9:59 p.m.
Moved by Payne, seconded by Mims, to adjourn special meeting 10:00 p.m.
Matthew J. Hayek, Mayor
Marian K. Karr, City Clerk